USPTO Patents Application 09912219

United States Patent and Trademark Office

Commissioner for Patents
United States Patent and Trademark Office
Washington. D.C. 20231
www uspto gov

Paper No. 4

BOULDER PATENT SERVICES INC
1021 GAPTER ROAD
BOULDER, CO 80303

COPY MAILED

OCT 2 9 2001

In re Application of
Alvin Kershman et al
Application No. 09/912,219

OFFICE OF PETITIONS

DECISION DISMISSING
PETITION

Filed: July 25, 2001
Attorney Docket No. SK-3

This is a decision on the petition filed September 10, 2001,
requesting that the above-identified application be accorded a
filing date of July 24, 2001.

Petitioners allege that the application was deposited in Express
Mail service on July 24, 2001, under 37 CFR 1.10, and should be
accorded that date as the filing date instead of the presently
accorded filing date of July 25, 2001. In support of the
allegation, the petition is accompanied by a copy of the original
transmittal letter submitted with the present application which
includes a statement of express mailing under 37 CFR 1.10 dated
July 24, 2001.

37 CFR 1.10(a) states that:

Any correspondence received by the Patent and Trademark
Office (Office) that was delivered by the "Express Mail Post
Office to Addressee" service of the United States Postal
Service (USPS) will be considered filed in the Office on the
date of deposit with the USPS. The date of deposit with the
USPS is shown by the "date-in" on the "Express Mail" mailing
label or other official USPS notation. If the USPS deposit
date cannot be determined, the correspondence will be
accorded the Office receipt date as the filing date. See §
1.6(a) .

37 CFR 1.10(c) states that:

(c) Any person filing correspondence under this section that
was received by the Office and delivered by the "Express
Mail Post Office to Addressee" service of the USPS, who can
show that there is a discrepancy between the filing date
accorded by the Office to the correspondence and the date of

Application No. 09/912,219

Page 2

deposit as shown by the "date-in" on the "Express Mail"
mailing label or other official USPS notation, may petition
the Commissioner to accord the correspondence a filing date
as of the "date-in" on the "Express Mail" mailing label or
other official USPS notation, provided that:

(1) The petition is filed promptly after the person becomes

aware that the Office has accorded, or will accord, a
filing date other than the USPS deposit date;

(2) The number of the "Express Mail" mailing label was

placed on the paper (s) or fee(s) that constitute the
correspondence prior to the original mailing by
"Express Mail;" and

(3) The petition includes a true copy of the "Express Mail"

mailing label showing the "date-in, " and of any other
official notation by the USPS relied upon to show the
date of deposit.

As clearly stated in 37 CFR 1.10(a), the date of deposit with the
United States Postal Service (USPS) is shown by the "date-in" on
the "Express Mail" mailing label or other official USPS notation.
Thus, any petition alleging that the PTO did not accord a paper
the date of deposit in Express Mail service as the filing date
must be accompanied by "a true copy of the 'Express Mail' mailing
label showing the 'date-in, ' and of any other official notation
by the USPS relied upon to show the date of deposit." 37 CFR
1.10 (c) (3) .

The present petition is not accompanied by the evidence required
by 37 CFR 1.10.

Accordingly, the petition is dismissed .

No petition fee is required and none has been charged.

Any request for reconsideration of this decision should be filed
within TWO MONTHS of the date of this decision in order to be
considered timely (see 37 CFR 1.181(f)) and should be addressed
as follows:

By mail: Assistant Commissioner for Patents

Box DAC

Washington, D.C. 20231

By facsimile: (703) 308-6916

Attn: Office of Petitions

Application No. 09/912,219

Page 3

By hand:

Office of Petitions

2201 South Clark Place
Crystal Plaza 4, Suite 3C23
Arlington, VA 22202

The application is being returned to Technology Center AU 1761
with the presently accorded filing date of July 25, 2001.

Telephone inquires specific to this matter should be directed to
Wan Laymon at (703) 306-5685.

Sherry Brinkley /
Petitions Examiner/
Office of Petitions
Office of the Deputy Commissioner
for Patent Examination Policy

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